Marqait AI Privacy Policy & Terms of Service
These Terms of Service and Privacy Policy (the "Terms") apply to the Marqait AI website located at www.marqait.com, and all associated sites linked to www.marqait.com by Marqait AI, its subsidiaries, and affiliates (collectively, the "Site"). Marqait AI ("Marqait", "we", "our" or "us") is an Indian company providing an AI-powered marketing automation platform. We value your privacy and comply with applicable laws, including India's Digital Personal Data Protection Act, 2023 (DPDPA), the EU General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Marqait is headquartered in India and all data is stored and processed in India in accordance with local regulations. This Privacy Policy explains what information we collect about you, why we collect it, how we use it, and how you can access, correct, or delete your data. Our Terms of Service ("Terms") govern your use of Marqait's website and services. By using the Site, you agree to these Terms and our Privacy Policy; if you do not agree, please do not use the Site.
Privacy Policy
Information We Collect
We collect information you provide directly and information automatically when you use our services. Personally Identifiable Information may include your name, email address, business address, phone number and other contact details. We also collect account data and profile information (e.g. login credentials, company name, communication preferences) and billing information via secure payment processors. In addition, we collect technical and usage data such as IP address, browser type, device identifiers, login history, pages visited, session duration, and location or geolocation data. We may also collect any content you upload or share (such as marketing materials, images, text, files or AI-generated content) and records of your communications with us (for example, customer support messages or feedback). We classify any data that identifies you, either directly (like name or email) or indirectly (like IP address or browsing history) as personal information. Under Indian law, certain categories of data (such as financial, health or biometric data) may be considered sensitive; we handle all personal and sensitive data with strict security and confidentiality measures.
How We Collect Information
We receive information directly from you – for example, when you register for an account, fill out forms, contact support, or participate in surveys. We also collect data automatically when you use Marqait's websites and applications: for instance, through cookies, web beacons, and analytics tools. Cookies are small data files stored on your device to facilitate features (e.g. keeping you logged in) and analytics. We use essential cookies for core functionality (like authentication and security) and non-essential cookies for analytics, personalization, and advertising. We obtain explicit consent before using non-essential cookies for marketing or tracking purposes. You can control or disable cookies via your browser settings (see our Cookie Notice or your browser's help). Finally, we may receive information about you from third-party sources (for example, public business directories or partners) and combine it with the data we collect directly.
How We Use Your Information
We use your personal data to provide, operate and improve our platform. Specifically, we use your information to set up and maintain your account, facilitate logins, and ensure you can access the services. We use your contact details to communicate with you – for example, to respond to support requests or send service-related notices. We use usage data for internal record-keeping and analytics to enhance features, security and performance. We may analyze aggregated data and usage patterns to optimize our platform. With your consent, we may also send you marketing messages about Marqait or related products; you can unsubscribe at any time by clicking the opt-out link in those messages or contacting us.
Under applicable law, we rely on lawful bases to process your data. For example, under the GDPR we process data to perform our contract with you, to comply with legal obligations, and for our legitimate interests (such as improving our services), and sometimes based on your consent. The Digital Personal Data Protection Act similarly requires that we process personal data only with your consent or for specified legitimate uses. For instance, the DPDP Act allows processing your data for the purpose you provided it (if you do not object), to comply with law or court orders, for emergencies, or other lawful purposes. For California residents, we comply with CCPA/CPRA by providing required disclosures and respecting opt-out requests. We will use your information as required by law – for instance, to detect or prevent fraud, comply with subpoenas or court orders, or to enforce our legal rights.
Disclosure to Third Parties
We will never sell or rent your personal data. We disclose information only as necessary to operate our business and provide the Service. This includes sharing data with:
Affiliates and Subsidiaries:
We may share information with other Marqait entities, as needed, to provide the Service.
Service Providers:
We engage third-party vendors (e.g. cloud hosting, IT, email providers, analytics, payment processors) to support our platform. These providers process data on our behalf and are contractually bound to use it only for the purposes we specify. These service providers may be located inside or outside India; any international transfers will comply with applicable legal requirements.
Professional Advisors:
We may share information with auditors, lawyers, or accountants when needed for legal or financial advice.
We also may disclose data if required by law or to protect our rights – for example, in response to a lawful order under India's Information Technology Act or other regulations, or to prevent fraud. In the event that Marqait merges with or is acquired by another company, personal data may be transferred to the successor entity as part of the transaction. When we share data with third parties (for example, using Google Analytics for web analytics), we do so only to improve or analyze the Service. We encourage you to review the privacy policies of third parties; Marqait is not responsible for their practices.
Cookies and Tracking
We use cookies and similar tracking technologies to improve your experience. Essential cookies (such as session cookies) help authenticate and secure your session. Non-essential cookies (for analytics, personalization or advertising) require your consent. For example, analytics cookies help us understand how our services are used so we can make improvements. You can manage cookies through your browser or device settings – disabling certain cookies may impact functionality (for instance, you might not stay logged in or see personalized features). For more details, see our Cookie Notice or your browser's privacy documentation.
Your Choices and Rights
You have choices regarding our use of your information. You may unsubscribe from marketing emails at any time (links are provided in each message). Under privacy laws like the GDPR (EU/UK) and the CCPA/CPRA (California), you have rights with respect to your personal data. These may include the right to access the categories of data we hold about you, correct or update it, or request its deletion. (For example, the GDPR grants individuals the "right to be forgotten," allowing them to request erasure of personal data.) In California, you also have the right to know what personal data we collect, to delete it, and to direct us not to sell or share it.
For individuals in India, the Digital Personal Data Protection Act similarly grants you rights over your data. For instance, you have the right to access, correct, update, and erase your personal data. You also have the right to withdraw consent at any time and to obtain redress for any grievances under the DPDP Act. (The law even allows you to nominate another person to act on your behalf if you become unable to do so.) You may also have rights to data portability or to restrict or object to certain processing (such as for direct marketing). If you are a California or Indian resident, you have additional specific rights as noted above.
To exercise any rights (access, correction, deletion, objection, etc.), or to withdraw consent, please contact us using the information below. We will verify your identity and respond in accordance with applicable law (for example, within the GDPR's one-month timeframe or the period required by the DPDP Act). We will not discriminate against you for exercising any privacy rights. Please note that certain information may need to be retained for legitimate business or legal reasons even after you close your account (e.g. to comply with accounting rules or to protect against fraud).
Data Security
We implement commercially reasonable technical, physical, and administrative safeguards to protect your information. These include encryption of data in transit and at rest, access controls, firewalls, and regular security reviews. We follow industry standards (such as using secure cloud hosting and encrypting sensitive fields) to prevent unauthorized access or disclosure. In India, the Information Technology Act and related rules require companies to implement "reasonable security practices" for personal data; as a fiduciary we are obligated to maintain security safeguards and promptly notify authorities of any data breaches. However, no system can be 100% secure. You acknowledge the inherent risk of data transmission over the Internet, and you accept that we cannot guarantee absolute security of your data.
Retention
We retain personal information only as long as needed to fulfill the purposes outlined above and to comply with legal obligations. For example, we may keep account and transaction records for as long as required by financial or tax regulations (such as India's Income Tax Act) or corporate laws. Once data is no longer necessary, we will securely delete it or anonymize it so it cannot be linked to you.
Policy Updates
We may revise this Privacy Policy from time to time (for instance, to reflect changes in law or our practices). If we make material changes, we will notify you – for example, by updating the "Last Updated" date and/or posting a notice on our website. Your continued use of Marqait after such changes means you accept the revised policy. We encourage you to review this policy periodically. If you have questions or wish to exercise your rights, please contact us as described below.
Terms of Service
Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of Marqait's website and services. By registering for or using our services, you agree to be bound by these Terms and by our Privacy Policy. Marqait is based in India, and these Terms are governed by Indian law. You must be at least 18 years old to use the Service; if you are younger than 18, you may use the Service only with parental consent and in compliance with local law. Minors under 18 should not create an account. If you do not agree with any part of these Terms or our policies, do not use the Service.
Accounts and Security
To access certain features, you may need to create an account. You agree to provide accurate, current and complete information (such as name, email and password) when registering. You are responsible for maintaining the confidentiality of your login credentials and for any activity under your account. You must notify us immediately if you suspect unauthorized use of your account. Do not share your password or account with others. You are solely responsible for all actions taken through your account.
Permitted Uses
Subject to these Terms, Marqait grants you a limited, non-exclusive, non-transferable license to use the platform and its features for your business or personal marketing needs. You agree to use the Service only in compliance with applicable laws (including India's Information Technology Act and any content regulations) and these Terms. For example, you may not use Marqait for any unlawful purpose, to send spam or unsolicited communications, or to infringe on others' rights. Marqait's AI tools are provided for marketing optimization and content generation; you agree not to use our Service to create competing AI or machine-learning models.
Prohibited Conduct
When using our Services you must not:
Infringe Rights:
Violate any intellectual property, privacy, publicity or other legal rights. Do not upload or distribute content that you do not have the right to use.
Illegal or Harmful Activity:
Use the Service for illegal purposes or in a way that could harm others. This includes sending spam, viruses, malware, or other harmful code.
Security Violations:
Attempt to bypass, disable or reverse-engineer any security features or technical protections of the Service. Do not interfere with or disrupt the Service (for example, by hacking, probing, or flooding).
Automated Access:
Use bots, scrapers or other automated means beyond our provided interfaces to access or collect data from the Service.
Misrepresentation:
Do not misrepresent that content from Marqait is human-generated if it was produced by AI. Do not remove any legal or proprietary notices.
We reserve the right to suspend or terminate accounts that violate any of these rules.
User Content and License
If you submit or upload any content to Marqait (such as campaign data, images, text, or files), you retain ownership of that content. By providing content to our Service, you grant Marqait and its affiliates a worldwide, royalty-free, non-exclusive license to use, copy, reproduce, process, adapt, publish, transmit and display your content as needed to operate and improve the Service. This license allows us to store and share your content (for example, across your devices or with team members in your organization) and to include it in aggregated analytics. You represent and warrant that you have all necessary rights to your content and that uploading it does not violate any laws or third-party rights.
Intellectual Property
Marqait (and its licensors) exclusively own all rights to the Service, including its software, design, text, graphics, logos, and trademarks. These materials are protected by copyright, trademark and other laws (including Indian copyright and trademark law). Except as expressly provided in these Terms, you may not copy, modify, distribute, sell or lease any part of the Service or its content. All trademarks and brands displayed on the Service are the property of their respective owners.
Third-Party Services and Links
Our Service may contain links to third-party websites or integrate third-party services (for example, social media platforms, payment gateways or analytics tools). We do not control those third parties and are not responsible for their content or practices. When you access a third-party service, you do so at your own risk and should review that service's terms and privacy policy. Marqait is not liable for any transactions, damages or disputes arising from use of third-party sites or services.
Termination
We may suspend or terminate your access and/or account at any time, without notice or liability, for any reason (such as if you breach these Terms). Upon termination, your right to use the Service ceases immediately. You may also terminate your account at any time by discontinuing use of the Service. Upon termination, any licenses granted to you will end and you must cease all use of the Service.
Warranty Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE" without any warranty of any kind. To the fullest extent permitted by law, Marqait and its affiliates disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will meet your requirements or be uninterrupted, secure, or error-free. We cannot guarantee that defects will be corrected. You agree that your use of the Service is at your sole risk and that Marqait is not responsible for any third-party content or services you access through the Service.
Limitation of Liability
Except where prohibited by law, in no event will Marqait or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages arising out of your use of the Service. This includes damages for loss of profits, business interruption, loss of data, or other intangible losses, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising from the Service will not exceed the amount you have paid us (if any) in the twelve months preceding the claim, or $100 if you have not paid us. Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.
Governing Law and Disputes
These Terms are governed by the laws of India (without regard to conflict of laws). You agree that any dispute arising out of or related to these Terms or your use of the Service will first be addressed by contacting us to seek a resolution. If we cannot resolve the dispute informally, then both you and Marqait agree to binding arbitration in India (or another forum as required by applicable law). This section does not limit your right to seek injunctive relief in a court of competent jurisdiction.
Modifications to Terms
We may update these Terms from time to time at our discretion. If we make material changes, we will provide reasonable notice (for example, by email or posting a notice at least 30 days before the new terms take effect). What constitutes a "material change" is up to us, but may include changes to pricing, fees or key features. Your continued use of the Service after such notice will mean you accept the revised Terms. If you do not agree to any changes, you must stop using the Service.
Contact Us
If you have questions about this Privacy Policy or Terms, or wish to exercise your privacy rights, please contact us via the contact information on our website (www.marqait.com) or at the email address (hello@marqait.com) provided on our contact page.
Contact UsThe information contained in this web site is subject to change without notice.
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Updated by The Marqait AI Legal Team on Aug. 15, 2025